Subotai Bahadur

Article VI, Clause 2

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Now I am pretty sure that a goodly percentage of the Gentle Readers are looking at the title and going, “What???” A significant number will recognize it as a reference to the Constitution, but to be honest only a limited number of people know that Article I defines the Legislative Branch, Article II the Executive, and Article III the Judicial. Most people are not quite sure about the other Articles.

Let’s cut to the chase. It is the Supremacy Clause:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The reason that states have to obey Federal laws and the Constitution as a whole is specifically because of this clause of the Constitution. That obedience is not optional, conditional, or debatable. If you are part of the United States, you are subject to Federal law and your “feelz” otherwise have no bearing. If you disagree with Federal law, if you want to deny rights under the Constitution, you are out of luck. You can try to change it in court. You can try to have Congress pass a change to the law or repeal it. You can try to amend the Constitution. But the Federal power in the areas where the Constitution grants lawmaking power to the Federal government over-rides anything the States can do.

This is key to the functioning of a free, constitutional republic. If a state, or group of states, can defy the Federal government at will, there is no Federal government. There is no equal justice under the law. And there is, in fact, no rule of law.

This was recognized from the beginning. In Federalist #44 James Madison pointed out that if it was not included, then each state would have functional veto power over the entire country. Without it, the country would not work.

There have been 3 attempts to over-ride or ignore the Supremacy clause and each was aimed at destroying the country.

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THAT AWKWARD TIME

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You know the one I mean. When you can see what is coming at you head on, and yet it is considered very poor form in the proper circles to admit the truth.

This is written on July 10, 2017. Tomorrow Congress returns from its VERY long weekend for the 4th of July. Note that they refer to it in official documents as the “4th of July” recess, for them the date is more important than the Independence of our country.

By whatever name, it is the calendar that is of import. Remember, from tomorrow, our worthless, ambulatory violations of Article I, Section 9, Clause 8 of the Constitution take their next vacation after barely a fortnight and 3 days after returning. And they will take the end of July, all of August, and the first part of September off. Technically, there are 12 working days before that respite. Technically. But Congress cannot be troubled, regardless of supposed party, to actually work 5 days a week. Mondays and Fridays are part of the congressional weekend and are not to be profaned by the work of the public.

So, what of that work remains to be done, and under what strictures?

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WHAT HAPPENS AFTER YOU TURN IT UP TO “11”?

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A conversation elsewhere brought up a topic that lets me get ahead of things and put down a marker for future reference. It was noted that the Democrats and their allies farther Left have had their outrage meters literally turned up to “11” [on a 1-10 scale] since the election. The first calls for Trump’s impeachment actually came from the Democrats as soon as he was nominated. And for that matter, during the General Election campaign, it was not restricted to Democrats. Republican Congress-critter Mike Coffman [CO-6] was running radio ads in English and Spanish promising to oppose Trump in everything he tried to do if Trump was elected.

That outrage got a boost when Neil Gorsuch was confirmed to the Supreme Court. But the increase was slightly muted because it was a case of a conservative Justice replacing the late conservative Justice Antonin Scalia who died under questionable circumstances. It would not be a net change of the balance of the court.

Starting a few weeks ago, rumors started that Leftist supporting Justice Anthony Kennedy might retire. And the scale went at least a couple of notches higher. Then a week or so later people were reminded that Ruth Bader Ginsburg, who dares not visit a medical school for fear that her resemblance to a cadaver might get her dissected by a doctor in training, has health problems. She has had colon cancer and recovered after surgery and radiation therapy. She has had pancreatic cancer; it is said that she recovered from that. And three years ago, she had to have a stent placed in her right coronary artery. That medical history in an 84-year-old woman is not encouraging. Leaving aside the jokes about doing a Supreme Court remake of the movie “Weekend at Bernies”, the odds of her reaching the end of Donald Trump’s term in office [and age 90] are not good.

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FORT SUMTER,CALIFORNIA

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Despite appearances, there is no natural law that says history repeats itself. As inventive as we are, there are only a limited number of ways that humans can screw things up. We keep trying to come up with new ways, but until we evolve a new brain with more folds on the surface we will keep repeating ourselves.

No matter what our race, culture, or creed; whenever you get a lot of people together in a restricted space, some sort of political order and structure arises. Anarchy as a human ideal is about as fact based as the Land of Oz. And even Oz had a Wizard, sundry Witches, Munchkin Mayors, and probably Alpha and Beta Flying Monkeys.

People have different temperaments; some are more active, some more passive, some are dominant, some less dominant. Then there is the matter of talents, and lacks thereof. People end up being sorted out in various power relationships inside and outside of their family groupings.

It does not matter what the basis of the structure is, be it feudal, democratic, aristocratic, results oriented merit-based, or who has the biggest club and is more willing to use it on everybody else. They share two things. First, whatever the rules of the game, the social contract if you will, with the exception of a criminal fringe pretty much everybody in the society accepts and supports the rules actively or tacitly. Second, if a sufficient percentage refuses to accept those rules, the whole thing falls apart until a new order arises. The new order may or may not be better than the old, but it will be different than the old.

Our country and fairly unique society came into existence through that process. This is in part because we diverged demographically from the parent society. Our population was made up of exiles [including self-exiles], ne’er do wells, criminals, religious fringe elements from the British point of view, and a sufficiency of foreign elements to render the population no longer homogeneous with the old country. Couple that with the detail that in Britain there was much higher percentage of the population that had a vested interest in the existing system, and that a relatively small percentage of the minor nobility and none of the higher nobility and royal family bothered to cross the pond.

What we ended up with is a majority of the population who had no memory of serfdom, were not slaves [Leftist fantasies notwithstanding, slaves were always a minority of the population], and who were used to both being politically and economically free compared to the old country. And the aristocracy here really did not have the pull to make generations of sycophancy attractive and profitable as a lifestyle.

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THE SECOND UNDERCARD BOUT

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From June 16, 2015 we have been hearing about how the Republican Party is tearing itself apart. The battle for the Republican nomination pitted every dynastic interest against Donald Trump. And Trump won. The General election was characterized by Republican Party and elected officials declaring themselves as #NeverTrump, and functionally supporting the Democrat candidate Hillary Clinton. And now that Trump is President despite them, it is a fact the Republicans in Congress are slow-walking all of Trump’s nominees alongside the Democrats. It is the Republican Senate Majority Leader who is predicting that Obamacare will only be tinkered with around the edges, and the Republican Speaker of the House who is saying that there will be no tax reform, and that controlling the border may not happen.

Why do we hear this? It is because the MSM is a subset of the Democrat Leadership and operates temporarily in alliance with the GOPe leadership since the election. It is the media that tries to set the bounds of what we hear. And, in accordance with the dicta of government propagandists worldwide, the most important part of controlling public attitudes is what they do NOT allow us to hear.

Are the Republicans tearing themselves apart? Absolutely. Is that the only story out there? Not a chance. There are other events in progress that in conjunction with what we already know will greatly influence the final political outcome.

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